CHAPTER 2. GENERAL PROVISIONS

IC 35-49-2
    Chapter 2. General Provisions

IC 35-49-2-1
Obscene matter or performance
    Sec. 1. A matter or performance is obscene for purposes of thisarticle if:
        (1) the average person, applying contemporary communitystandards, finds that the dominant theme of the matter orperformance, taken as a whole, appeals to the prurient interestin sex;
        (2) the matter or performance depicts or describes, in a patentlyoffensive way, sexual conduct; and
        (3) the matter or performance, taken as a whole, lacks seriousliterary, artistic, political, or scientific value.
As added by P.L.311-1983, SEC.33.

IC 35-49-2-2
Matter or performance harmful to minors
    Sec. 2. A matter or performance is harmful to minors for purposesof this article if:
        (1) it describes or represents, in any form, nudity, sexualconduct, sexual excitement, or sado-masochistic abuse;
        (2) considered as a whole, it appeals to the prurient interest insex of minors;
        (3) it is patently offensive to prevailing standards in the adultcommunity as a whole with respect to what is suitable matterfor or performance before minors; and
        (4) considered as a whole, it lacks serious literary, artistic,political, or scientific value for minors.
As added by P.L.311-1983, SEC.33.

IC 35-49-2-3
Arrest; search; seizure of matter; motion pictures
    Sec. 3. (a) Whenever a person:
        (1) offers matter for distribution to the public as stock-in-tradeof a lawful business or activity; or
        (2) exhibits matter at a commercial theater showing regularlyscheduled performances to the general public;
the person may be arrested under this article only if the arrestingofficer has first obtained an arrest warrant, and matter may be seizedas evidence only if a search warrant has first been obtained.
    (b) The quantity of matter seized may encompass no more than isreasonable and necessary for the purpose of obtaining evidence.
    (c) If:
        (1) the subject of a seizure under this chapter is a motion picturethat is allegedly harmful to minors; and
        (2) the defendant or owner of the motion picture proves thatother copies of the motion picture are not available forexhibition;the court shall order that the defendant or owner may, at his ownexpense, copy the motion picture and continue showing the motionpicture to adults pending a preliminary determination under section4(b) of this chapter.
As added by P.L.311-1983, SEC.33.

IC 35-49-2-4
Adversary hearing; application; preliminary determination
    Sec. 4. (a) Within ten (10) days after:
        (1) matter is obtained by seizure or by purchase under thisarticle; or
        (2) the defendant is arrested under this article;
whichever is later, and before trial, the state, the defendant, anowner, or any other party in interest of any matter seized orpurchased may apply for and obtain a prompt adversary hearing forthe purpose described in subsection (b).
    (b) At the adversary hearing, the court shall make a preliminarydetermination of whether the matter is:
        (1) probably obscene; or
        (2) probably harmful to minors.
As added by P.L.311-1983, SEC.33.

IC 35-49-2-5
Application of article
    Sec. 5. This article does not limit the power of politicalsubdivisions to adopt or enforce zoning ordinances regulating the useof real property.
As added by P.L.311-1983, SEC.33.